S C I E N C E - E V I D E N C E - L A W

Dr Robert A. Hatch - 226 Keene-Flint Hall
HIS 3506 (5106X) - Science - Evidence - Law - Spring 2002
NB: Wednesday E 1-3 (7.00 - 10.00pm) - 105 Keene-Flint Hall


In this course we pursue time-honored questions of Truth and Justice by focusing on historical episodes involving 'science and law'. A pivotal concern is evidence, specifically, how and why 'claims to knowledge' about Nature and the Past (Science and History) often conflict. The purpose of the case studies is to provide working examples from science, law, medicine, and history that help us think critically about how argument and evidence are presented and represented (in theory and practice) and how 'expert knowledge' and 'popular attitudes' have changed over the last four centuries. Beginning with 16th-century notions of identity and property in the 'Return of Martin Guerre' (involving fact, fraud, fiction) case studies then focus on witchcraft at Loudun and at Salem (involving questions of nature - knowledge - history, identity - possession); on murder and mental derangement in the famous Foucault study of Riviere (involving parricide and mental competence, interpreting actions and texts); and finally, in a more recent case, the Scopes Monkey Trial, where popular culture and media played a role in what is often viewed as a contest between religion and science. General themes of the course include argument and evidence, fact and theory, explanation and interpretation, witnessing and testimony, identity and possession, competence and expertise, actions and events, and not least, intentions and causes. The principal assumption of the course is that something dramatic began to appear in Western Culture during the Early Modern Period, something that re-defined our human connections -- to the world, to the past, and to each other. That something, however frail and puny in the face of Truth and Justice, included rational argument and empirical evidence, both accompanied, no doubt, by continuing traditions of deep ethical contradiction and decided differences in social interest.

We have two objectives. First, to identify critical issues (involving specific writings, activities, and practices) in the context of early modern life as identified in primary readings and research. Second, and perhaps equally challenging, we examine the assumptions and interpretations surrounding the treatment of these issues by recent historians. Our goal is to situate a clearly defined textual problem in broader (and sometimes conflicting) interpretive contexts.  Our aim is to understand how it happens that widely opposing interpretations are often presented and heatedly defended by different historical schools and traditions. The ideal problem for your Last Essay is a clearly identified and widely acknowledged problem that has evoked the most varied and perhaps opposing interpretations. Put differently, the kind of question that defines this course is how and why historians (scientists, attorneys, physicians) sometimes use the 'same' evidence to interpret the 'same thing' but draw conclusions that clearly contradict the conclusions of others. How do we interpreted 'scientific' and 'legal' and 'historical' facts? That these dilemmas double under our historic gaze compounds the problem of 'matters of fact'. We pursue these and similar interpretive issues throughout the semester. 

To that end, Honors students will participate in a seminar style class. Please note, there will be a significant amount of reading as well as weekly written critiques, seminar discussion of the readings, and finally, each participant will write and defend a critical essay. This essay will focus on clearly defined issues {e.g., fact, truth, evidence, explanation, interpretation; theory, practice} discussed in seminar but brought to focus through through individual research. The objective of the essay is to test the relation between these issues and at least two relevant, possibly conflicting, historiographic schools or genres. Full particulars of the essay--notably the relation between specific texts and more general historiographic interpretations--will be provided and discussed in class. 

In addition to the critical essay, participants are expected to take an active part in Seminar discussions and to present their preliminary research to a critical audience. Each of these requirements is built into the Seminar schedule. Please note that attendance is mandatory, participation essential. If students are interested in additional optional work, notably special projects related to the Science - Evidence - Law, please discuss your interest with the instructor early in the semester. Office hours for Professor Hatch are Wednesday 4.00-7.00pm and by appointment, 226 Keene-Flint Hall. Students are urged to take full advantage of Office Hours for consultation and discussion. Telephone: 392-0271 (24h machine); E-mail: ufhatch@ufl.edu

Finally, please note there are major sections of my WebSite devoted to this course.  Students are required to visit appropriate sections as well as those dealing with Reading, Writing, and other issues (for example, Taking Notes on Readings and from Lectures).  These sections supply teaching and research resources (bibliography, secondary readings, WebLinks, and SearchLinks). Importantly, the WebSite is accessible 24 hours a day, 7 days a week.  The WebSite is located at:  http://www.clas.ufl.edu/users/rhatch/pages .  Suggestions for the WebSite are welcome. 


Required Reading is taken from the following works and from Resources on this WebSite: 
{Gator Textbooks, Creekside Mall, 3501 SW 2nd Avenue, Suite D:  Telephone: 374.4500}

Hatch, Robert A., ed. Science-Evidence-Law: Photocopy of two articles (to be supplied)

Certeau, Michel de. The Possession at Loudun
Davis, Natalie Z. The Return of Martin Guerre.
Foucault, Michel, ed. I, Pierre Rivière, having slaughtered my mother, my sister, and by brother...
Hoffer, Peter Charles. The Salem Witchcraft Trials: A Legal History.
Kuhn, Thomas S. The Structure of Scientific Revolutions.
Larson, E. J. Summer for the Gods: The Scopes Trial & America's Continuing Debate over Science & Religion.
Shapin, Steven. A Social History of Truth.
Shapiro, Barbara. A Culture of Fact.

Recommended:
Feinberg, Joel. Harm to Self–the moral limits of the criminal law.
Ginzburg, Carlo. The Night Battles: Or, Clues, Myths, & Historical Method.
Hansen, Chadwick. Witchcraft at Salem.
Henson, Ray D., ed. Landmarks of Law.
Huxley, Aldous. The Devils of Loudun.
Mappen, Marc (ed.). Witches & Historians: Interpretations of Salem.
Parfit, Derek. Personal Identity

Poovey, Mary. A History of the Modern Fact: Problems of Knowledge in the Science of Wealth and Society.
Rapley, Robert. A Case of Witchcraft: The Trial of Urbain Grandier. 1998.
Roberts, Peter. OJ: 101 Theories, Conspiracies and Alibis. (Goldtree Press).
Trevor-Roper, Hugh. The Hermit of Peking: The Hidden Life of Sir Edmund Backhouse
Winks, Robin W., ed., The Historian as Detective: Essays on Evidence. Harper, 1968 (OP).

Please consult the prepared bibliography in Teaching Resources and in the Research Resources sections at the WebSite noted above. On-line and data base search technology now make it a simple matter to identify and locate the most recent scholarship on the Scientific Revolution. Students will have an opportunity in this Colloquium to master these research skills. 
Evaluation:  Please note that attendance is mandatory. Because all required work is announced on this syllabus, and a schedule is now available, arrangements for late work must be made in advance. Evaluation takes five forms: 
1. Comprehension of assigned readings, lectures, and discussions. Attendance is mandatory; all course requirements must be met to complete the class and receive course credit. 
2. Appropriate participation in Colloquium activities and discussion; because this course is based on a seminar format, individual preparation and active participation in discussion is a key component; email ListServe participation is also important {Approximately 33%} 

3. Written Critiques {Critical Essays} & analysis of readings, Discussion Leader, etc. {33%} 

4. Colloquium Essay & Oral Presentation: Schedule follows {33%} 

5. Please note in advance that participants will be required to assume the expense of some photocopy costs for articles and for reproducing their research essay for seminar members. This must be undertaken in an organized and timely manner.

Further Details: 'What is Expected - What do I Need to Know?' - A Fair Question!

Required Readings available at
Books:  Gator Textbooks, Creekside Mall, 3501 SW 2nd Avenue:  374.4500;
Map:
http://www.gatortextbooks.com




PART I:  SCIENCE - EVIDENCE - LAW:
Some Theory & Some Historical Case Studies


WEEK I: 9 January
W: E1-3: Plotting Our Course - DVD Experience: 12 Angry Men (original) Evidence on Trial?

Readings: Review all course materials; Begin N. Zemon Davis; Visit WebSite beginning with Teaching Resources then move on to the other sections. Also prepare for discussion next week:
Discussion Topics:  What is Truth, Justice, The Good? How are they related to Science, Law, Evidence? Defining the issues:  Facts & Theories; Argument & Evidence; Explanation & Interpretation; Justice & Law; Truth & Convention; Competence & Expert Knowledge, etc.

Readings: Begin N. Zemon Davis, The Return of Martin Guerre;
Begin: Davis and Findlay (Reader: to be supplied).


WEEK II: 16 January
W: E1-3: The Return of Martin Guerre: Fact, Fiction, Fraud: Literature, Imagination, History
Readings: Finish N. Zemon Davis; Continue readings: Davis and Findlay (Reader); Begin: Kuhn

Discussion Leaders:

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WEEK III: 23 January
W: E1-3: The Return of Martin Guerre: Evidence & History

Readings: Finish Davis and Findlay; Continue Kuhn

Discussion Leaders:
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WEEK IV: 30 January
W: E1-3: Thomas S. Kuhn: Facts & Theories; Knowledge & Belief

Readings: Finish Kuhn; Begin Certeau.
Discussion Leaders:
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WEEK V: 6 February
W: E1-3: Witchcraft at Loudun: Identity, Possession, Politics, Evidence

Readings: Finish Certeau; Begin: Hoffer
Discussion Leaders:
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WEEK VI: W: 13 February
W: E1-3:  Legal Evidence at Salem
Salem - Scholarly Sources

Readings: Finish Hoffer; Begin: Shapiro
Discussion Leaders:
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WEEK VII: 20 February
W: E1-3:  Knowledge & Truth & Science -- & History

Readings: Finish Shapiro; Begin: Shapin

Discussion Leaders:

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WEEK VIII: 27 February
W: E1-3:  A World of Facts
-- Is Truth a social construction? Are facts conventional?
Reading: Finish Shapin; Begin: Foucault

Discussion Leaders:

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WEEK IX: NO CLASS: Spring Break: 2-9 March (Enjoy -- but read a few books!)


WEEK X: 13 March

W: E1-3: 
Science, Law, Sanity, Social Order - Competence & Expert Knowledge -- Doing & Saying
Reading: Finish Foucault; Begin: Larson

Discussion Leaders:

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WEEK XI: 20 March
W: E1-3:  A World of Belief:
Private Belief & Scientific Theories; Expert Knowledge & Education; Political Choice & Social Good

Reading: Finish Larson; Continue to prepare Short Class Report on Course Essay

Discussion Leaders:

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WEEK XII: 27 March
W: E1-3:  Towards Synthesis: Class Report; Open Discussion

Reading: Review all required readings; Re-read your Critiques.
Discussion Leaders:
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WEEK XIII: 3 April
W: E1-3: Individual Essay Research 

WEEK XIV: 10 April
W: E1-3: Individual Conferences with Professor Hatch during the week

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PART II:   Seminar Presentations

WEEK XV: 17 April
W: E1-3:   Essay Presentation & Defense: {See WebSite for Guidelines}

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WEEK XVI: 24 April {NB: Classes end Wednesday, 24 April}
W: E1-3:   Essay Presentation & Defense: {See WebSite for Guidelines}

{Reader & Presenter}

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Nota Bene:  Colloquium Essays are due in final form on date of presentation; they will be returned after Exam Week.  If you wish to have your essay returned, please supply a large (9x12) clasp envelope with appropriate postage and address.  I will arrange for a Special Federal Agent to deliver your Course Essay and final Course Grade to the address indicated.

Questions? Please E-me: ufhatch@ufl.edu
rah.xii.2001


Need help with writing skills, bibliography, or other research resources?  Click Here:   X


To get started on Science - Evidence Law begin with the following Clicks:

US Federal Rules of Legal Evidence
US Federal Rules of Scientific Evidence
The Evidence Site - Excellent
Loudun Possessions (French, not scholarly)
Salem Witchcraft Scholarly Sources - Excellent
The Scopes Trial - Overview
DNA Evidence as Legal Evidence
Anti-Anti-Smoking 'Evidence'
Evidence for God
Bayesian Evidence in Law

 
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